What to Do If You Are Accused of Domestic Violence As An Active Duty Member of the Military in Orange County, California

Posted on: April 7th, 2025 by Dod Law

Domestic Violence Military

Domestic violence allegations against active duty military personnel create a uniquely complex legal situation where both civilian and military justice systems may become involved simultaneously. For service members stationed at Camp Pendleton, Los Alamitos Joint Forces Training Base, or other military installations near Orange County, these accusations can threaten both your military career and personal freedom, potentially leading to court-martial proceedings alongside civilian criminal charges.

At Dod Law, we understand the distinctive challenges faced by military personnel accused of domestic violence in Orange County. Our team has experience navigating both civilian and military legal systems, providing the specialized representation needed in these multifaceted cases.

Immediate Steps After a Domestic Violence Accusation

If you’re an active duty service member accused of domestic violence in Orange County, your actions in the immediate aftermath of the allegation can significantly impact both your military and civilian cases.

Your first priority should be contacting a qualified civilian defense attorney with experience representing military personnel. While military defense counsel will be assigned for any military proceedings, they typically cannot represent you in civilian courts. A civilian attorney familiar with both systems can coordinate defense strategies across both venues.

Following an accusation, it’s crucial to avoid contact with the alleged victim, even if they initiate communication. Protective orders are standard in these cases, and violations can result in additional charges and pretrial confinement. This applies to all forms of contact, including phone calls, text messages, emails, social media, or messages relayed through third parties.

Understanding the Dual Legal Processes

As an active duty service member, you may face parallel proceedings in both civilian and military justice systems. Understanding these concurrent processes is essential for developing an effective defense strategy.

Orange County civilian authorities typically have primary jurisdiction over domestic violence incidents occurring off-base. These cases follow standard California criminal procedures, potentially resulting in misdemeanor or felony charges depending on the allegations’ severity and any claimed injuries.

Simultaneously, your command may initiate military administrative or judicial actions regardless of what happens in civilian court. These might include:

• Military protective orders limiting your movements and contact with the alleged victim
• Administrative actions affecting your duty status, security clearance, or housing arrangements
• Nonjudicial punishment (Article 15/Captain’s Mast) for minor incidents
• Court-martial proceedings for more serious allegations, which may continue even if civilian charges are dropped

The military has significant discretion in how it responds to domestic violence allegations, often depending on your command’s assessment of the situation. Military consequences may include a reduction in rank, forfeiture of pay, confinement, or even dishonorable discharge.

Military-Specific Consequences of Domestic Violence Charges

Beyond standard criminal penalties, active duty personnel face additional military-specific consequences from domestic violence allegations that can affect both your immediate status and long-term career prospects.

The Lautenberg Amendment to the Gun Control Act prohibits anyone convicted of a domestic violence misdemeanor from possessing firearms. For service members, this creates a unique problem—inability to handle weapons may render you non-deployable and unable to perform required duties, potentially ending your military career even with only a misdemeanor conviction.

Security clearances are often immediately suspended upon domestic violence allegations and may be permanently revoked upon conviction. For many military occupational specialties, loss of clearance effectively ends career progression or may lead to administrative separation.

Developing an Effective Defense Strategy

An effective defense requires careful coordination between civilian and military proceedings. Your civilian attorney should work closely with your military defense counsel to ensure strategies complement rather than contradict each other.

A thorough investigation of the allegations is essential. This includes examining inconsistencies in the accuser’s statements, identifying potential witnesses who can provide alternative perspectives, and exploring possible motivations behind false accusations—particularly relevant in cases emerging during divorce or custody disputes.

For service members with otherwise spotless records, character evidence from commanding officers and colleagues can be influential in both civilian and military proceedings. Documentation of your service record, commendations, and deployment history may help contextualize your character and conduct.

Contact an Experienced Orange County Military Defense Attorney

If you’re an active duty service member facing domestic violence allegations in Orange County, securing representation that is familiar with both civilian and military legal systems should be your immediate priority. The complexities of dual jurisdiction cases require specialized knowledge and strategic coordination.

With 19 years of experience serving clients throughout Southern California, including military personnel from nearby installations, Dod Law brings valuable insights and proven defense strategies to your case. Our founding attorney was named San Diego County’s 2023 Trial Lawyer Of The Year by the San Diego Criminal Defense Bar Association, reflecting our commitment to exceptional client advocacy. Call us at our San Diego office at (619) 814-5110 | Vista office at (760) 814-6025, or schedule an appointment by filling out our online contact form to discuss the best way forward.